NIP, 14 days and postal strikes?
Discussion
TooLateForAName said:
Just wanted to check if anything changes in the 14 day rule when there are postal strikes?
The wife has apparently driven through a red light this morning
She is away for the weekend and it was an unfamiliar junction and she has no idea if there were cameras.
Yes.The wife has apparently driven through a red light this morning
She is away for the weekend and it was an unfamiliar junction and she has no idea if there were cameras.
Stated case is Gidden v Chief Constable of Humberside (2009). Refers specifically to NIP served by 1st class post.
Precis here: https://www.lawgazette.co.uk/law/criminal-procedur...
mybrainhurts said:
Boosted LS1 said:
tapereel said:
No
Surely it should be a YES. You/They have to get it to your address within 14 days of the offence. 
they don't.I had one arrive well out of time and like a prat I completed the s172. Had I not done that it would have been a walk in the park.
Boosted LS1 said:
tapereel said:
No
Surely it should be a YES. You/They have to get it to your address within 14 days of the offence. Tell them to f
k off if it arrives out of time. Or is something different here?The answer is NO.
The requirement is to serve so the notice arrives in 14 days. If there is no post and a notice is put in the post on day 12, the last normally acceptable day of service by post, and there is no post because there is a strike and the notice doesn't get delivered by day 14 then it isn't served.
So the answer is NO.
There isn't any more posts required after my first one in this thread because it gave the answer.
Maybe I was mistaken and didn't take into account that there would be someone who couldn't perceive a one word answer to the question. I was perhaps underestimating your talent.
tapereel said:
Boosted LS1 said:
tapereel said:
No
Surely it should be a YES. You/They have to get it to your address within 14 days of the offence. Tell them to fk off if it arrives out of time. Or is something different here?The answer is NO.
The requirement is to serve so the notice arrives in 14 days. If there is no post and a notice is put in the post on day 12, the last normally acceptable day of service by post, and there is no post because there is a strike and the notice doesn't get delivered by day 14 then it isn't served.
So the answer is NO.
There isn't any more posts required after my first one in this thread because it gave the answer.
Maybe I was mistaken and didn't take into account that there would be someone who couldn't perceive a one word answer to the question. I was perhaps underestimating your talent.
I had a case where I was caught doing 117MPH in a 50MPH limit in a van.
While I heavily contested the fact that a van with an 82MPH speed limiter fitted by Iveco (don't ask me why it's 82MPH I have no idea) could do 117MPH I kept that info to the side and concentrated on the facts that:
I was caught speeding on 20/12/2014.
On the 5/01/2015 the registered keeper/company received a NIP.
This was 16 days after the conviction.
Went for the hearing, offered a heafty ban and fine etc which was considered light as I had a clean record. Explained the issue, CPS man ent all funny as was not expecting it. Sent outside, CPS man tells me no way I'd get off with it.
Plead not guilty.
Trial comes, new CPS man and new legal lady who was proper fit. I am asked why I pled not guilty. I give evidence to late NIP to CPS man, signed documents from company manager and administrator. He Googles the company and convinces himself it is legit.
Asks legal lady or whoever she is (fit though) if I have any previous, she says it's all clean.
Judges come in, CPS man explain that there is a 14 day rule and he could adjourn case and issue witness statements and ask manager to come to court but he considers it a waste of time and will accept the two signed documents.
I am told I am free to go.
While I heavily contested the fact that a van with an 82MPH speed limiter fitted by Iveco (don't ask me why it's 82MPH I have no idea) could do 117MPH I kept that info to the side and concentrated on the facts that:
I was caught speeding on 20/12/2014.
On the 5/01/2015 the registered keeper/company received a NIP.
This was 16 days after the conviction.
Went for the hearing, offered a heafty ban and fine etc which was considered light as I had a clean record. Explained the issue, CPS man ent all funny as was not expecting it. Sent outside, CPS man tells me no way I'd get off with it.
Plead not guilty.
Trial comes, new CPS man and new legal lady who was proper fit. I am asked why I pled not guilty. I give evidence to late NIP to CPS man, signed documents from company manager and administrator. He Googles the company and convinces himself it is legit.
Asks legal lady or whoever she is (fit though) if I have any previous, she says it's all clean.
Judges come in, CPS man explain that there is a 14 day rule and he could adjourn case and issue witness statements and ask manager to come to court but he considers it a waste of time and will accept the two signed documents.
I am told I am free to go.
egor110 said:
tapereel said:
Boosted LS1 said:
tapereel said:
No
Surely it should be a YES. You/They have to get it to your address within 14 days of the offence. Tell them to fk off if it arrives out of time. Or is something different here?The answer is NO.
The requirement is to serve so the notice arrives in 14 days. If there is no post and a notice is put in the post on day 12, the last normally acceptable day of service by post, and there is no post because there is a strike and the notice doesn't get delivered by day 14 then it isn't served.
So the answer is NO.
There isn't any more posts required after my first one in this thread because it gave the answer.
Maybe I was mistaken and didn't take into account that there would be someone who couldn't perceive a one word answer to the question. I was perhaps underestimating your talent.
I didn't refer to Royal Mail or Post Office but referred to 'post'.
I may 'have' known the difference between the post office and Royal Mail but that makes no difference because the question and the law uses the term "post" not the service provider.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff